The Illinois Appellate Court has ruled against a plaintiff who was blinded in one eye when a bar patron threw a bottle at him. The plaintiff was seeking to collect $1 million over the insurance policy limit of $1 million. In this case, the trial court had ruled that Orlando Valdez did…
Articles Posted in Insurance Claims
Illinois Appellate Court Affirms Trial Court in Implied Right of Action Case
Mary Perry Carmichael was an employee at Union Pacific Railroad Co. (UPRC). In that capacity, she was being transported by Professional Transportation Inc. (PTI) in a van when it was hit by a vehicle driven by Dwayne Bell. Carmichael filed a lawsuit against UPRC, PTI and Bell; the suits against…
$1 Million Settlement Reached in Truck Crash with Moped Rider
Mr. Doe was riding his moped in Raleigh, N.C., when he was struck from behind by a driver of Roe Co. truck. A bystander who witnessed the crash chased the driver of the truck and wrote down the truck’s license number, which was traced back to the Roe Co. Mr.…
U.S. Court of Appeals Affirms Duty to Defend Subcontractor for Employee Injured on Construction Job
Eduardo Guzman was employed by TDH Mechanical, which provided heating, ventilation and air conditioning services. TDH bought an insurance policy from Columbia Insurance Group to cover the period from April 2016 through April 2017. Rockwell Properties owned a part of the property under construction in Chicago. Prairie Management & Development…
Illinois Appellate Court Affirms Order for Defendant to Produce Insurer Information Regarding Hired Controlled Physician Experts
During discovery in a negligence case, State Farm Insurance Co. retained outside counsel to defend Allison Rancour. In this Kane County case, the attorneys named Drs. Benjamin Goldberg and Michael Musacchio as controlled experts. The plaintiff requested a list of the amounts paid to each of the doctors in every…
$1 Million Settlement, But No Recovery as Insurer is Placed in Liquidation
James Richardson was seriously injured in an auto crash at 53rd Street and Western Avenue in Chicago, which resulted in a settlement for $1 million against Night Dream Inc. and Shaun T. Small. However, their Nevada-based insurer, Spirit Commercial Auto RRG Inc., was placed in liquidation before it funded the…
Illinois Appellate Court Spells Out Significance of Attorney-Client Contingency Contract in Uninsured or Underinsured Motorist Claims
The defendant attorney appealed from a Circuit Court order that reduced his contingent fee for legal representation in a motor-vehicle settlement case. The order had been entered in McDonough County, Ill. The plaintiff, the injured party, William K. Kelso, deceased, by his wife and executor, cross-appealed, arguing that the defendant…
Chicago Federal District Court Finds Insurer Obligated to Indemnify for Work Injury
The issue in this case was whether there was insurance coverage for South Shore Iron Works under the $1 million auto policy GD Carriers purchased from National Casualty Co. This involved the injuries suffered by Julio Delgado, a GD employee, who fell from a parked flatbed trailer owned by South…
$433,000 Jury Verdict in Bad Faith Claim Against Defendant Insurer in Bicycle Injury Case
Brian Squire hit a bicycle rider while driving his car. The bicyclist died from injuries six months later. GEICO, Squire’s automobile insurer, never offered the bicyclist or his estate Squire’s $300,000 policy limits or attempted to settle with the decedent’s estate and family. In addition, the insurer, GEICO, allowed several…
$4.6 Million Judgment Reversed by U.S. Court of Appeals on Insurance Policy Limit and Coverage Dispute
The issue in this case was whether Liberty Mutual Insurance Co. was liable to pay the default judgment of $4.6 million against its insured whose policy limits for this incident was just $25,000. The question then became whether the insurer’s conduct proximately cause the $4.6 million judgment against the insured.…